IEP advocate- need advice

Libby,

The parent has the right to refuse services. The school is not likely to go to due process with her if he is nearly caught up. BUT I would always advise someone to go on a consultation IEP with accommodations for a year or two before asking to be exited from the program altogether. I would ask for a 15 minute consultation once a week with the resource and regularr teachers just to keep up with progress and whatever accommodations he needs. Tell them that he is having private reading tutoring as the mother does not want him to miss any classes at school. This is a win-win situation…the school keeps him on the special ed. roster (and gets the funding) and he gets better tutoring after school.
Good luck!

Janis

janis,

appreciate your post, can you give me some detail about a consultation IEP, i assume the child is in the mainstream with accommodations,

how do you get the classroom teacher to agree to this if she thinks he should not be in her room,

both parents by the way, want him in the mainstream and feel 3rd grade is an appropriate grade to try to mainstream as opposed to waiting till 4th or 5th

can you direct me to some place to get info on a consultation IEP

thanks again Janis, please post again with some details,

libby

Libby,

Basically is is just a regular IEP where the child is “served” in the regular classroom indirectly. Instead of him being pulled out, the LD teacher will consult with the regular teacher on the accommodations and how he is doing. The difference on the IEP will be where the type and time of services will be put. Type of service will be consultation instead of pull-out.

If he is now reading close to grade level, I am not sure why the regular teacher would be so insistent that he go out of the class for services. Are you sure the parent is being realistic about him being able to do the regular class work? If so, then I am not sure why this would be a problem, as long as he is continuing to get the private reading tutoring. I know of nothing to tell you to read. This is really simple. His remediation will now be done outside of school but he still needs the IEP and accommodations. The mother needs to acknowledge that if he starts failing even with accommodations, the IEP may need to be amended later.

If for some bizarre reason this school has never done an IEP with consultation services (which basically means they are going against the law in not offering a full continuum) and you are having trouble, let the LD teacher pull him once a week for a half hour for vocabulary or fluency or something like that. Is his writing fully on grade level? You may need to listen to the teacher tell about his actual progress before you make these recommendations. If he has other issues besides the reading, then I can see why the school might not go for the IEP and consultation service.

One more thing. Whatever the mother decides is best, tell her if the school says…but we don’t do that…tell her to say…I thought IEP stood for INDIDIDUALIZED educational plan!Good luck…let us know.

Janis

Sped is voluntary. Have the parent state in writing that she feels that sped placement has done more harm to her child than good. State that she feels this situation is not the least restrictive environment for this child. Have her request a written response as to why they are denying this child the least restrictive environment.

I wrote several letters and CC’d everyone sped director, principal. They were very resistant to the change initially. My son was doing better at home than in school and I was 100% convinced it was related to the sped placment. Kids tend to live up or down to expectations. My son is in a regular class doing well with things he did poorly with in sped.

Getting him into a regular class was like night and day for his performance and his self esteem. It was a worthwhile fight.

Yes, my son has this. I keep it because the IEP gives me some leverage in getting him the appropriate teacher as an accomodation.

A flexible teacher is the only accomodation my son needs.

I plan to move him to a 504 by next year. I think that his being sped prevents him access to some regular ed remedial programs. The remedial reg ed programs designed to improve performance on the state tests are far superior to sped in my district.

I am hoping and it is possible he won’t need these programs but I would like him to have access to them just in case.

Linda,

You know I agree with you on almost everything :-), but I have a little different view on this. First, I’d see if there is a fight at all. I was helping a parent last week who was spending lots of time on special ed. law sites and the once she told the team what she wanted (very nicely), everyone was able to come to an agreement. There was never a need for any threats or negativity. I would never put in writing that special ed. had done more harm than good to my child unless my child was on his way out of the school (or school system). The parents who really get the best form the school are the ones there donating things, volunteering on committees, and doing whatever they can to make it a great school. Those are the paents who get the best teachers, etc., as principals want to keep a good relationship. I realize there are cases where people have done all this and things still work out badly. But I always say, go in with a postivie view that you know the team wants what is best for the child. Sometimes members of the team are ignorant, just like last week when they offered the mom I am talking about a 504 for accommodations for APD, then the LD teacher offered computer CD-rom work on Language Tune-up Kit, but the parent wanted me to do PG…and she got it. (He clearly qualifed LD reading). She was lovely and the team did care, even though they were a little ignorant on how to serve him. I do not serve LD kids at that school but was willing to do it in this case.

Don’t worry, I can and will play hardball if I have to. But I’d save that weapon as a last resort. :-)

Janis

keep posting ladies, i am printing up all of your replies, you insights are invaluable,

anyone else have this same situation, mom is not real keen on a big fight so the consultation IEP sounds like a viable option

libby

I vote for the 15 min consult. AGAIN, as Janis said, if the mom is realistic about her son’s (?) abilities.

My daughter has been on 15 minute consult. since day one. Many schools don’t “Broadcast” this service and I got a lot of nervous glances around the table when I mentioned it. I told them I would provide the private tutoring, I did not want my daughter put into the spec ed classroom and I wrote “parent declines all other services at this time” on the IEP. (Janis, the guidance counselor first told me “If you don’t want to put your child in spec ed, don’t bother giving us the eval. - when I called my evaluator, who happened to be head of ESE in another county, she told me exactly what to ask for) The “at this time” quote makes you appear reasonable that if he can’t fly, you are willing to make the change.

The good thing about the 15 min consult is that it allows the accoms. needed, and the ESE teacher has a “contact” weekly either with the child or teacher (I, personally, voted that the 2 teachers would talk - I didn’t want anyone talking to my daughter).

After the ESE consult teacher recommended my daughter for inclusion class for 3rd grade (which was a nightmare) and I found out she had NEVER ONCE met with the 2nd grade teacher (she made A’s and B’s with accoms), that’s when I began writing letters instead of calling and being nice. So, Janis, is right. Be nice, volunteer, etc.; however, when it’s obvious they are trying to “hoodwink” you, play hard ball. When you write a letter every time they blink, they become very accommodating, because they know everyone in the district is going to know what they said, on what date and at what time. :-0

BTW, I also suggest writing letters each year requesting the right teacher. I had one teacher, when I mentioned my daughter uses a computer in class and said “How do you feel about a child with a laptop in your class?” her reply was, “I’ve never thought about it”. I explained Jami’s proficiency, etc., rephrased my questions and asked again. Her reply was, “I’ve never thought about it”. (My interpretation: I haven’t thought about it and I’m not going to).

I wrote a letter and said any teacher who is (list characteristics wanted) with the exception of Viola Swamp would do - that Ms. Swamp wasn’t “open” to the use of AT in the classroom and therefore she would not be a “good fit” for my daughter. I got a GREAT teacher this year!

Sorry for the long post - you just have to vigilant in the education of your child.

I have four students on monitoring. They are being monitored this year with the thought of exiting next year. They just don’t need special education services. Do they have straight As and Bs? No One student has a D in science, but it isn’t because of the need for special education, but his need is to do his homework! Too often we equate grades with need to keep a student in special education; by saying this, it too often times gives the impression that classes for special ed students are dumbed down or just not difficult. The psychologist for my last student that I exited asked her what were her feelings about leaving sped and she said that she would miss the easy classes and her friends that have been in her small classes since she was in second grade. She had received an F in algebra because it was not challenging enough and she was bored in her class. She said that she liked the way her new teacher teaches and is now thrilled to be out of sped and on her own! Grades should have nothing to do with whether a student should be in sped, need only.

thanks again, i do like this consult IEP, sounds like the perfect compromise to me,

one more question,

janis or leah, pleae tell me exactly how you ask for it, and does the parent assure the school that she will do out side tutoring

i like this plan immensely and i greatly appreciate the help

janis or leah, the 15 minute consult, is this done and recorded each week, can the parent attend the 15 min consult

can the parent get a hard copy of each week’s consult

can the parent also ask what her son’s entry level reading was when first put into spec ed and what was it after one full yr in spec ed

if he made no gains, does the parent have the right to ask for some other type of rememdiation

boy complains that when in spec ed, if he gets stuck on a word, the teacher simply tells him the word and does not wait for him to work on it

the boy has actually told his mother and me, that he just gets seat work in spec ed while the teacher works with other kids, this boy is fairly high compared to the others in his school in spec ed

mother does volunteer a lot and i cannot imagine anyone not liking her, she is so accommodating„

thanks again to all of you, libby

If the child is still eligible for special education services according to the state eligibility formula, then the IEP team (including the parent) must decide if he/she is still *in need of* sped services. The writing of the *Present Level of Educational Performance* (PLEP) drives the writing of appropriate goals which drives placement/service minutes. So, if the PLEP shows no need—put the kid on “Monitor” with zero minutes and see how he does. But, you must go through the process!

It does little good to “fuss & thrash”. Get your knowledge ducks-in-a-row and go to the meeting prepared to discuss your legal rights—not emotional needs.

Sounds like the child’s reading needs to be re-evaluated to make a proper PLEP. If the child has been tutored and has improved his performance greatly the testing is needed to show the current level of preformance. They should be asked to do the same reading test that the child qualified with.

Helen

good post Helen and so to you Susan, i would be the first to admit, i am way out of my league here, the mother basically wants me there to help her interpret what they say,

they see him reading at home etc and they are at a loss as to why the school does not see the same reading they do,

but i like Helen’s post and i have talked to my prof on the phone about it, he is the prof who taught my IRI and remediation grad class,

his point to me was that in remediation„ the child should move at a rate twice what he does in large group, at least that is the optimal expectation

so if he spends one full yr in spec ed he should technically grow 2 yrs, or how else will he ever exit spec ed, if he stays the same in spec ed, what is its purpose at that point,

whynot take the chance that he might grow in large group as opposed to small group,

is it wrong to put him into mainstream with the plan that it will be hard but that the parents understand that and are willing to work with him

the school tells mother if she pulls him, she is doing him a great disservice, what if he fails in the mainstream

what do you say to that?? mom said at this point she is intimidated and gives in,

for the life of me i cannot understand all the fuss, it is only 3rd grade, if you cannot try, fail, get better in 3rd grade, when can you do it

must you be perfect to be mainstreamed??

this seems to be the push from what i can see,

i personally think reentry will be easier in 3rd than 4th or 5th

he has to see the competition and see what it will take to keep up, if they pull him cuz they think he cannot keep up, what does that tell the child who at this point wants to give it a try and has assessed the mainstream and wants in

libby

I did that for several months. In that time my son suffered. I am sorry I was so complacent and “nice” in the beginning. It really wasn’t worth the 2 months worth of damage to his self esteem. If I had continued that approach I am quite sure he would still be in that awful class.

It took a great deal of fortitude on my part to get them to act. My husband was actually uncomfortable with my level of directness but he now realizes it worked and the bottom line is that my son is happy.

I agree to try this approach at first but if you are getting the run around as I did you will need to let them know that you are nobody’s fool.

They now know that and would rather give me what my son needs. He did end up with an excellent teacher after I let them know the current situation was unacceptable.

When my husband explained to my neighbor what I was like at those meetings he almost fell off his chair. My neighbor always tells everyone how “nice” I am.

Sometimes being nice works but if it is something they would rather not do or set a precedence for like something like this you may have to push. I would sincerely hope that any parent who cared about their child not be afraid to push if it becomes neccessary.

I agree, Linda. My child’s school would much rather see my nice side…and they do as much as they can to keep me that way! Lol!

(Except for my latest battle to rid the school of so-called balanced literacy.)

Janis

Libby,

Usually the meeting starts out with talking about how the child is progressing and what the parents’ concerns are. The present level of performance is discussed and then the team tries to formulate goals. Then they decide HOW that goal will be met. This is when you say you want him to stay in the regular classroom with consultation between the LD and regular teachers and how this gaol can be worked on while the child is in the regular class. The mom can also point out at this time that she wants him to have one-on-one tutoring which she will obtain privately to minimize the time her son is out of the classsroom.

“janis or leah, the 15 minute consult, is this done and recorded each week, can the parent attend the 15 min consult”

No, it is not usually recorded but it is just part of the teacher’s weekly schedule. They could be asked to keep a log of notes and to contact the parent anytime concerns arrive. Consults do not always take place at the same time every week, so it would not be practical for the parent to attend. I suppose the parent could ask for a teacher conference periodically.

“can the parent get a hard copy of each week’s consult”

Well, I suppose she could ask for this. But as a teacher, I might ask if that is the best use of my time. I think the regular IEP progress reports serve this purpose.

“can the parent also ask what her son’s entry level reading was when first put into spec ed and what was it after one full yr in spec ed”

She should not need to ask this. She was given a summary of evaluation results when he was initially placed. When each new IEP is written, the previous year’s goals are either mastered (hopefully) or continued on the next IEP if needed. Not all schools will use another standardized test after one year, so it may be hard to tell for sure exactly how much gain there was.

“if he made no gains, does the parent have the right to ask for some other type of rememdiation”

The mom might have to have private testing done if she wants to try to prove he made no gains. If she can, then she has good grounds to ask for other methods to be used.

“boy complains that when in spec ed, if he gets stuck on a word, the teacher simply tells him the word and does not wait for him to work on it…
the boy has actually told his mother and me, that he just gets seat work in spec ed while the teacher works with other kids, this boy is fairly high compared to the others in his school in spec ed”

This would not be uncommon. The neediest kids in the class would probably get more attention than the highest one. That’s why I think one-on-one instruction is FAR superior…and that usually means private therapy/tutoring. I think the mom has the right idea, let him be on consultation at school and get the high quality tutoring privately.

Janis